The Court of Appeal has reserved its judgment in an appeal brought by the State against a High Court decision regarding an action filed by Independent Senator Gerard Craughwell. Sen Craughwell alleges that a secret international agreement exists allowing the RAF to intercept rogue aircraft in Irish airspace, claiming such an arrangement is unconstitutional unless approved by referendum. The State, represented by Brian Kennedy SC, argued that the claims are political rather than legal and therefore not justiciable. Counsel for the State contended that the plaintiff's pleadings contained only "bare assertions" without sufficient factual basis to meet the threshold for trial, noting that the State could neither confirm nor deny the alleged security arrangements due to sensitive policy. Conversely, Gerard Humphreys, counsel for Sen Craughwell, argued that the existence of an arrangement requiring constitutional approval was evident from previous Dáil statements by then-Taoiseach Bertie Ahern. He maintained that the Government's failure to control airspace breached the Constitution and requested the court to force the State to admit or deny the existence of a treaty. The three-judge panel, including Mr Justice Charles Meenan, heard these arguments on the preliminary issue of justiciability. If the State succeeds, the case will fall before a full hearing. The court has reserved its judgment on this appeal.
A 55-year-old man has appealed to the Court of Appeal against a High Court decision that he should face trial for a single count of alleged indecent assault committed between January 1987 and December 1988. The appellant, represented by Michael O'Higgins SC, argued that the delay in prosecution caused prejudice due to deceased witnesses and that his severe anxiety and suicidal ideation constituted exceptional circumstances preventing a fair trial. He contended that the High Court judge, Ms Justice Marguerite Bolger, erred in preferring a GP report over a psychological report that documented his suicidal ideation and a plan to crash his car. The State, represented by Kieran Kelly BL, countered that the trial court was the appropriate forum to assess fairness and noted that the appellant's anxiety was linked to other factors. Presiding Judge John Edwards highlighted inconsistencies between the reports regarding the suicidal ideation. The Court of Appeal has reserved its judgment, meaning the matter was adjourned and remains unresolved.
Christine Ward, 37, and her former partner Derek Bewley, 49, were convicted of violent robbery and burglary in Artane on 2 November 2018. Ward was sentenced to eight and a half years in prison, with 18 months suspended, after a judge described the offences as "most serious". Bewley received the same custodial term. Ward appealed, arguing that her previous convictions were not violent and that a psychological report on her mental health and drug use should have been considered. Counsel also claimed Ward was a better rehabilitation candidate than Bewley. The Court of Appeal rejected the appeal, stating that the original judge had treated the offenders similarly and that no error in principle had been proven. Ward's appeal was dismissed, leaving her eight‑and‑a‑half‑year sentence intact. Derek Bewley pleaded guilty.
Eugene O'Sullivan (62) of Dorset Street Upper, Dublin 1, pleaded guilty at Dublin Circuit Criminal Court to two counts of the possession of child pornography at his home on November 19, 2018. During a previous hearing, Detective Garda Sean Harrington stated that a warrant was issued for O'Sullivan's home following confidential information, where a USB stick and a folder of printed images were recovered. The USB contained 160 images of child sexual abuse material, all described as 'category one' images, while the folder contained 170 printed images, with around 25 also described as 'category one'. O'Sullivan was cooperative with gardai and made some admission at the scene. He was not arrested until 2023, after which he made a voluntary statement and was charged. O'Sullivan's defence counsel, Fiachra Treacy BL, stated that O'Sullivan had a difficult childhood and has suffered from chronic anxiety for the past 14 years. He also noted that O'Sullivan is at a high risk of suicide and that prison would be very difficult for him. Judge Dara Hayes noted that the creation of such images involves the sexual abuse of children, an aggravating factor, and that a 'reasonably significant quantity' of images in O'Sullivan's possession fell within 'category one'. He also noted O'Sullivan's guilty plea, co-operation, and efforts to rehabilitate. However, the judge stated that a wholly suspended sentence was not appropriate in this case, as it was not at the lowest level of seriousness. He imposed an 18-month custodial sentence with the final six months suspended on strict conditions. The matter was adjourned for the purposes of appeal.
Kian Gill, 22, of Stillorgan, Co Dublin, appeared at Dublin Circuit Criminal Court on appeal regarding an assault charge. He pleaded guilty to assaulting a teenager, causing him harm at Sutton Cross, Dublin, on July 18, 2022. Prosecution evidence, presented by Edward O'Mahony BL, described an unprovoked attack following a dispute in a takeaway restaurant. CCTV footage showed Gill kicking the victim in the head while the teenager lay on the ground, causing him to lose consciousness briefly and sustain a head cut requiring hospital treatment. Gill was identified as a person of interest following an appeal on RTE's Crimecall and was subsequently arrested. He made no admissions during his interview. Judge Martin Nolan had previously revoked Gill's bail and remanded him in custody for two days pending sentence. Today, the Judge handed down a sentence of two years, which was suspended on a number of conditions. The court noted that Gill would return to custody if he breached any of these conditions. Gill, who has no previous convictions, is currently living in a hostel and working as an apprentice carpenter. His defense counsel, Vanessa Frawley BL, attributed his actions to extreme immaturity and a turbulent living situation, while acknowledging he did not strike the first blow.
Martin Hayes, aged 34, was convicted of manslaughter for the 2017 death of Amadea McDermott, aged 27, after a domestic‑violence relationship. He was found not guilty of murder by a majority verdict in the Central Criminal Court. Hayes admitted using violence against McDermott and was sentenced to 12 years and six months' imprisonment. He appealed, arguing that evidence from a subsequent partner, Niamh Higgins, was highly prejudicial. Higgins had testified that Hayes had helped her stab herself and that she feared he might be released on bail. Hayes' counsel claimed this evidence should have led to a jury discharge, while the prosecution contended it was irrelevant and outweighed by other evidence. The Court of Appeal will decide the appeal at a later date.
Eimear Carroll, a 42‑year‑old primary school teacher from Offaly, was found guilty of one count of harassment and two counts of sending obscene or menacing letters. She had written about 500 letters over two years, using racist slurs and false allegations that a care worker abused patients. The Court of Appeal dismissed her appeal against a six‑year sentence, confirming the trial judge's decision to impose a headline term of six years with two years suspended. The appeal was rejected because the Court found no error in the sentencing judge's assessment of aggravating factors, including the persistent, targeted nature of the harassment and the use of personal details. The Court also upheld the judge's recognition of mitigating factors such as Carroll's low risk of reoffending and her apology. The decision confirms the severity of the sentence as appropriate for the case.
In February 2025 the Court of Appeal increased the sentence of Paul Clarke, 42, who had previously been convicted 115 times. Clarke, who had been released on bail for a robbery, later robbed a Lidl on Malahide Road on 13 November 2019, firing a handgun into the ceiling and threatening the manager. The original six‑year term, set by Judge Orla Crowe in October 2023, was deemed too lenient. The appeal judge, Mr Justice Brian O'Moore, imposed a new headline term of nine and a half years, reduced to seven years and one month after mitigation. Five months of the effective sentence were suspended for four years to encourage Clarke to avoid drug use. The new term will run from the date of the original hearing. The decision was based on CCTV evidence of the shooting, the threat to staff, and Clarke's extensive criminal history.
Liudmyla Budash, 46, a Ukrainian refugee, was found with €500,000 in cash and pleaded guilty to money laundering at Dublin Circuit Criminal Court in July 2024. Judge Elva Duffy originally sentenced her to 15 months, reduced to two years, with nine months suspended. The Court of Appeal quashed the original term and, on 5 February 2025, Mr Justice Patrick MacGrath resentenced her to four and a half years in prison. He noted her active, premeditated role in moving large sums, her lack of prior convictions, and her status as a mother of three. The headline sentence was set at seven years before a two‑and‑a‑half‑year reduction, resulting in the final term. The case involved a Garda National Drugs and Organised Crime Bureau operation that seized the cash in Temple Bar on 12 April 2024. The appeal argued the initial sentence was too lenient, citing the seriousness of the offence and the amount involved.
Three men who were convicted of a vigilante attack on security personnel at a repossessed farmhouse in Roscommon appeared before the Court of Appeal on 4 February to challenge the severity of their sentences. Martin O'Toole, aged 60, from Claremorris, County Mayo, discharged his legal representation and walked out of court after being refused permission to read a statement into the record, effectively withdrawing his appeal. Paul Beirne, aged 58, from Boyle, County Roscommon, subsequently indicated he would not continue with his appeal. PJ Sweeney, aged 59, from Ramelton, County Donegal, proceeded with his appeal, with counsel arguing the 15-year sentence was excessive and disproportionate, citing mitigating factors and good character. The Director of Public Prosecutions contended the sentence was appropriate given the serious and violent nature of the December 2018 attack at Strokestown. The court reserved judgement.
Sharif Kelly, 54, of Balbriggan, Co Dublin, has failed in his bid to pursue a conviction appeal before the Supreme Court regarding the 2013 murder of dissident Republican Peter Butterly. Kelly, who pleaded not guilty, was sentenced to life imprisonment by the Special Criminal Court in April 2017. The court heard that Dean Evans, who pleaded guilty to the murder, fired the three fatal shots into Butterly at the Huntsman Inn in Gormanston, Co Meath, while Kelly was the getaway driver. Kelly's earlier Court of Appeal challenge in April 2022 was dismissed, with judges unimpressed by his objections to the evidence of protected witness David Cullen. Cullen, who turned State's witness, had previously pleaded guilty to unlawful possession of a semi-automatic pistol at the scene and was sentenced in July 2014 to seven years in prison, with three and a half years suspended. Kelly's lawyers also sought to introduce fresh evidence concerning Garda Joseph Doyle, who was later jailed for corruption and deception offences. The Supreme Court refused leave to appeal, determining that issues regarding the admissibility of accomplice-type evidence are primarily for the trial court to analyse and that the Court of Appeal correctly applied established principles governing fresh evidence.
Ryan Fitzpatrick, aged 27, pleaded guilty last year to perverting the course of justice by attempting to destroy a mobile phone linked to a SIM card in Malahide on 27 May 2020, and to corruptly offering a gift to Lauryn McCann to influence her employment. He was sentenced to four years' imprisonment, with the final three months suspended, by Judge Martin Nolan. Fitzpatrick's appeal against the severity of the sentence was dismissed by the Court of Appeal. The court rejected the argument that he should be treated more leniently than the civilian employee who received a two‑and‑a‑half‑year sentence for providing the intelligence. The judge noted Fitzpatrick's conduct was corrupt and highly aggravated, including the destruction of evidence and absconding from justice, and that the sentence was well within the sentencing judge's margin of appreciation. Fitzpatrick had 30 previous convictions and had fled Ireland after the raid, later being extradited to face the charges.
Alan Harte, who is serving a 30-year sentence for the false imprisonment and assault of Quinn Industrial Holdings director Kevin Lunney in County Cavan in September 2019, has been ordered to pay the State's costs following the dismissal of his appeal at the Court of Appeal. Harte had challenged the High Court's refusal to judicially review the Director of Public Prosecutions' decision to prosecute him in the non-jury Special Criminal Court. The three-judge panel found that the legal issues raised were moot and declined to depart from the standard procedure against hearing moot cases. Ms Justice Isobel Kennedy delivered the costs order, noting that the appellant had been unsuccessful and there was no reason to depart from normal procedure. Harte's legal team had acknowledged that even without the time restriction issue, the case would have failed on its merits. Alan Harte was convicted. Kevin Lunney was convicted.
Ryan Fitzpatrick, 27, of Malahide, has appealed his sentence of three years and nine months in the Court of Appeal. Fitzpatrick, the appellant, pleaded guilty at Dublin Circuit Criminal Court to corruptly offering a gift to a civilian working for An Garda Siochana to convince her to do an act in relation to her employment on a date unknown. He also pleaded guilty to perverting the course of justice by attempting to destroy a mobile phone linked to a specific SIM card in Malahide on May 27, 2020. His defence counsel, Pieter Le Vert BL, argued that Fitzpatrick was treated unfairly compared to his co-accused, the civilian employee, who received a two-and-a-half-year sentence for providing sensitive information from the Garda Pulse system. The defence contended there was no justification for the disparity in sentencing. Joe Mulrean BL, representing the Director of Public Prosecutions, responded that there was no error and the sentence imposed was "perfectly appropriate." He highlighted that Fitzpatrick pleaded guilty to both corruption and perverting the course of justice, noting he was on bail at the time, exploited a vulnerable co-accused, and has multiple previous convictions for drugs, road traffic, and endangerment offences. Although Fitzpatrick threw his phone in a toilet during a raid, gardaí salvaged the SIM card, which was linked to messages and images taken from the Garda Pulse system. Fitzpatrick fled Ireland and was later extradited. Mr Justice John Edwards, presiding, stated that the court will deliver judgment at a later date, meaning the matter was adjourned.
Karl Humphries, a Cork resident, was convicted in July 2021 of three counts of possession of cannabis worth about €58,000. He claimed he was hunting rabbits and that the drugs were found by Gardaí during a sting operation. Humphries denied any involvement in the drug trade and pleaded not guilty, asserting he never touched the bag. The jury found him guilty by a 10‑2 majority and the judge sentenced him to ten years' imprisonment, with the final two years suspended. In 2023, at age 40, he appealed, arguing the trial judge had mis‑instructed the jury on the standard of proof. The Court of Appeal rejected the appeal, and the Supreme Court refused to allow the appeal to be heard, stating the matter was not of general public importance. The case remains at the conviction level.
Dawei Zhang, 38, and Han Chung Tang, 46, were sentenced by the Court of Appeal to two years and six months' imprisonment, with the final 12 months suspended on condition of good behaviour, after their original 240‑hour community service sentence was deemed too lenient. The appeal court found that the pair, who were take‑away workers at Jumbo Wok in Kimmage, had a verbal dispute over who was the better chef that escalated into a violent fight in July 2019. Zhang and Tang each used meat cleavers, resulting in Tang suffering severe injuries, including a cleaver lodged in his back and a broken shoulder blade, and requiring blood transfusions. Zhang sustained lacerations to his scalp, chest and shoulder. Both pleaded guilty to assault causing harm and producing a knife. The Court of Appeal quashed the community service sentence and imposed the custodial term, citing the seriousness of the assault and the need for deterrence.
In the Munster Abuse case, the father of the victims, aged 60, was denied a Supreme Court appeal that sought to overturn his life sentence for the prolonged and depraved abuse of his three older children. The Court of Appeal had increased his original 15‑year term to life after finding the original sentence too lenient. The father argued that the life sentence was disproportionate compared with the 18.5‑year term given to the children's 52‑year‑old uncle, who was convicted of fewer offences and not of rape. The Supreme Court rejected the appeal, noting that the father's role as the primary caregiver and the gravity of his offences warranted a harsher sentence. The Court found no general public importance in the alleged disparity and refused leave to appeal.
In a 2025 appeal, the Court of Appeal overturned a High Court award of damages to Kristina Kandourova, a 44‑year‑old pregnant woman who fell on a concrete kerb at a Circle K forecourt in Dublin in 2016. Kandourova had stopped at the station for coffee, had previously visited the site, and claimed the kerb—described as a 'nib pavement'—was an unnecessary hazard. The High Court had found that the blocked footpath forced her to cross the kerb, constituting negligence on the part of Circle K. The Court of Appeal, however, held that the kerb was a commonplace feature found in many forecourts and that there was no evidence it was an unusual danger. Justice Seamus Noonan ruled that the plaintiff could not be said to have taken reasonable care in failing to see the kerb, and the appeal was allowed, returning the case to the High Court.
Dean Kerrie, aged 23, withdrew his appeal against a manslaughter conviction after being found guilty of killing Jack Power, 25, during an intruder incident at Kerrie's home in Dunmore East, Waterford, on 26 July 2018. Kerrie had been tried twice for murder; the first jury could not reach a verdict, and the second jury convicted him of manslaughter. In the trial, Kerrie claimed he stabbed Power after the intruder attacked his mother, while Power's friend testified that Kerrie had a knife when Power was leaving the house. The judge noted uncertainty about the knife's provenance and imposed a four‑year, six‑month sentence, suspending the final year. Kerrie had pleaded not guilty to murder but accepted the manslaughter conviction and has now withdrawn his appeal at the Court of Appeal.
Cathal Crotty, a former soldier aged 22, was sentenced by the Court of Appeal to three years' imprisonment, with the final 12 months suspended for one year, after a fully suspended three‑year sentence imposed by the Circuit Court was overturned. The appeal was brought by the Director of Public Prosecutions, who argued that the original sentence was too lenient. Crotty had beaten Natasha O'Brien, 25, unconscious on a public street after she asked him to stop shouting homophobic abuse. He repeatedly punched her, causing a fractured nose, and later posted a boastful Snapchat message. Crotty will pay €3,000 in compensation to Ms O'Brien. The court noted his early guilty plea, lack of prior convictions, good character and remorse, but also his loss of a Defence Forces post and lack of dependents. The sentence reflects the gravity of the offence and the need to deter similar attacks.
Cathal Crotty, a 20‑year‑old former Defence Forces soldier, was convicted of assault causing harm after he beat Natasha O'Brien unconscious on a Limerick street on 29 May 2022. The assault followed O'Brien's request that he stop shouting homophobic abuse, after which Crotty verbally abused her and then struck her. Crotty pleaded guilty in July 2023 at Limerick Circuit Court. Judge Tom O'Donnell imposed a wholly suspended three‑year sentence and ordered Crotty to pay €3,000 compensation. The Director of Public Prosecutions, Lily Buckley, has applied to the Court of Appeal to overturn the sentence, arguing it is unduly lenient and that a custodial term is needed to deter similar crimes. Crotty's lawyers contend the judge exercised mercy appropriately, citing his good service record, lack of prior convictions, and potential job loss. The Court of Appeal will decide whether to uphold or modify the sentence.
The Court of Appeal has dismissed Ian Connaghan's appeal against the severity of his sentence for the manslaughter of Michael Mulvey. In July 2023, a Central Criminal Court jury acquitted both Ian and his brother, Daniel Connaghan, of murder but convicted Ian of manslaughter and Daniel of intentionally or recklessly causing serious harm. In December 2023, Mr Justice Burns sentenced Ian to nine years' imprisonment with the final year suspended, while Daniel received five years with the final year suspended. Appealing on the basis that the sentencing judge erred by placing the offence in the high culpability band, counsel for Ian argued the case fit the medium range. However, Mr Justice Edwards, delivering the judgment, upheld the original sentencing. The court found that the second attack involved significant premeditation, as the brothers had "lain in wait" for the victim. Citing the "sheer viciousness" of the assaults and the victim's inability to defend himself, the court determined these aggravating factors justified the high culpability classification. The appeal was rejected, confirming the validity of the sentences imposed.
Paul Clarke, aged 41, was sentenced to six years' imprisonment in October 2023 for an armed robbery of a Lidl on Malahide Road on 13 November 2019. He entered the store with a handgun, fired a shot into the ceiling, brandished the gun while holding a bag, threatened an assistant manager, and stole €1,000 from two tills. The Court of Appeal reviewed CCTV footage and noted the robbery lasted about two minutes, with the gun fired at the ceiling and the manager forced to let Clarke out. Judge Orla Crowe had originally set a headline term of eight years, later reduced to six years after mitigation. The DPP appealed, arguing the headline term was too low, citing the busy premises, prolonged interaction, and a 19‑month overlap with a prior sentence that minimized the final term. The Court of Appeal will decide on 6 February.
In January 2025 the Court of Appeal quashed a fully suspended sentence imposed on Conor McLoughlin, 44, who had 30 prior convictions. McLoughlin had pleaded guilty to intimidating a witness, criminal damage and other offences after ramming Grainne McGuigan's Volkswagen Passat on 27 March 2022. The original judge had set a headline sentence of five years for intimidation and criminal damage, reduced to four years and then to three and a half years each, before suspending the sentences entirely. The Court of Appeal held that the offence's intrinsic seriousness required a custodial element. McLoughlin was resentenced to a headline of five years for intimidation, with one year suspended for two years, leaving a final custodial term of three years, and a concurrent three‑year sentence for criminal damage. The earlier sentence was to commence from his release in June 2023. The court also allowed a brief period before his return to custody to arrange his home.
In a 2025 appeal, the State argued that the 15‑month sentence given to Ukrainian refugee Liudmyla Budash was too lenient. Budash, aged 46, pleaded guilty in July 2024 to a single money‑laundering offence after being caught in Temple Bar with a suitcase containing €491,955. Judge Elva Duffy had set a headline term of three and a half years, reduced to two years, and suspended nine months. The State, represented by Miska Hanahoe, claimed the headline term was too low, citing the amount of money, the sophisticated nature of the operation, and Budash's active role. Budash's counsel, Dominic McGinn, argued the sentence was appropriate, noting her lack of prior convictions and the desperate circumstances of her refugee status. The Court of Appeal will decide in early February.
A man serving a 30-year sentence for the kidnapping and torture of a Quinn Industrial Holdings director has failed in his Court of Appeal challenge against a refusal to extend time for seeking judicial review of his non-jury trial. Alan Harte was convicted in the Special Criminal Court of falsely imprisoning and causing serious harm to Kevin Lunney at Drumbrade, Ballinagh, County Cavan on 17 September 2019. Harte had sought to challenge the Director of Public Prosecutions' decision to prosecute him before the Special Criminal Court rather than the ordinary courts, arguing the court's continued existence exceeded statutory powers. The High Court dismissed his application on the grounds it was brought outside the three-month time limit. Ms Justice Tara Burns dismissed the appeal today, finding the legal issues raised were "moot" and that no practical benefit would arise from determining them, as Harte's trial had concluded and the Special Criminal Court's validity had been upheld by the Supreme Court.
Niall Power, who pleaded guilty to the murder of Irene White in Dundalk nearly two decades ago, has been granted legal aid to pursue a psychiatrist's assessment as part of his appeal against conviction. Power was the second man sentenced to life imprisonment for the crime. Anthony Lambe of Annadrumman, Castleblayney, County Monaghan, received a life sentence in January 2018 after admitting to carrying out the fatal stabbing. Power handed himself in to gardaí the day after Lambe's sentencing. Both men claimed to be acting on instructions from a third party. At the Court of Appeal, Power's legal team indicated they intend to challenge the conviction on grounds that he was experiencing mental health difficulties at the time of his guilty plea. Mr Justice John Edwards adjourned the matter to 14 March, directing that an affidavit outlining the grounds for extending time to appeal must be filed beforehand. The judge approved legal aid for psychiatric assessment to establish Power's mental state upon admission to custody.
James Flynn, aged 32, was acquitted of taking part in the 2013 robbery of Lordship Credit Union in Bellurgan, Co. Louth, where Detective Garda Adrian Donohoe was shot dead. However, the Special Criminal Court later convicted him of conspiring with Aaron Brady to steal a Volkswagen Passat that was used in the robbery. The conviction was based on an amendment to the indictment made after the trial, which narrowed the period and location of the alleged conspiracy and changed the accused person. Flynn's barrister argued that the amendment was made without giving Flynn an opportunity to challenge it, violating fundamental fairness. The Court of Appeal heard arguments about the admissibility of witness Andy Wooller's forensic vehicle identification evidence, which was described as lacking scientific basis. The court adjourned the matter, reserving its judgment. The case remains at the appeal stage, with no further outcome reported.
In a 2025 Court of Appeal decision, the court declared it unlawful and unfair to tie the suspended portion of a convicted rapist's sentence to his participation in a sex‑offender rehabilitation programme that required him to acknowledge guilt, despite his maintained innocence. The 58‑year‑old man had been convicted in 2018 of five counts of raping his cousin in 1985 and 1986 and one attempted rape in 1984. He received a headline sentence of six years for the attempted rape and nine years for the four rape counts. The original sentencing judge had suspended the final year of the nine‑year term if the defendant completed the "Building Better Lives" programme.
Gerard Harrington of Marian Road, Boyle, Co Roscommon, has been unsuccessful in his application to the Supreme Court seeking to appeal his conviction for making a false report to gardaí. Harrington was convicted in July 2021 at Tullamore Circuit Criminal Court of making a false statement to gardaí regarding missing cattle and was fined €6,500 in October 2021. The cattle were subsequently discovered in a neighbour's shed at Breedogue, Co Roscommon, with six animals bearing tag numbers matching those he had reported as missing in October 2015. Harrington's appeal to the Court of Appeal last May, which raised 34 grounds including claims the trial judge erred in admitting a Garda interview, was dismissed. The Supreme Court last week rejected his application to hear a further appeal, finding he had not met the constitutional threshold required. The court noted Harrington had not made admissions during his voluntary interview at the garda station and had been informed he was not under arrest and not obliged to answer questions.
Diarmuid Phelan, a law professor and farmer, was accused of murdering Keith Conlon by shooting him in the back of the head on his farm. During a March 2022 High Court bail hearing, the State opposed release, citing flight risk. Phelan, appearing via video-link from Cloverhill Prison, denied any intention to evade justice. The court heard he held significant assets, including farms in Wexford and Tallaght, and was a US citizen. Ms Justice Deirdre Murphy refused bail, finding him a serious flight risk with a powerful incentive to evade justice. Phelan subsequently appealed to the Court of Appeal. Mr Justice George Birmingham noted Phelan had left the High Court judge "totally in the dark" regarding his finances. The Court of Appeal granted bail, requiring a personal bond of €50,000 and an independent surety of €50,000. Phelan's murder trial later opened before Ms Justice Siobhan Lankford. He did not take the stand to give evidence in his defence. The prosecution suggested he was a skilled shooter, while his defence included a US firearms expert. The report details his professional background, financial arrangements, and the procedural history of his bail application and subsequent trial proceedings.
The Supreme Court has dismissed the appeal of two Malaysian students, Chain Wen Wei and Tang Ting Ting, regarding their refusal of entry to Ireland in December 2020. The appellants alleged that immigration officers incorrectly interpreted Section 4(3)(j) of the Immigration Act 2004, specifically the word 'or', when denying them entry to pursue an online English course during the pandemic. They argued that 'public policy' and 'national security' should be treated as conjunctive concepts, requiring a finding of a real and immediate threat to the State. The High Court and Court of Appeal had previously dismissed their judicial review actions against the Minister for Justice and An Garda Síochána, favoring a disjunctive interpretation. In the Supreme Court, Mr Justice Seamus Wolfe ruled that 'or' is disjunctive, distinguishing 'national security' from the broader concept of 'public policy'. He held that the officers were entitled to refuse entry on public policy grounds under pandemic guidelines for distance learning. The appeal was dismissed by a four-to-one majority, with Mr Justice Hogan dissenting. The matter is concluded with the dismissal of the appeal.
In a Court of Appeal hearing, Mr Justice John Edwards increased the sentence of Soufiane Mountassir, a 40‑year‑old on‑the‑run arsonist, from three to five and a half years for false imprisonment and assault causing harm. Mountassir had forced his former partner into the boot of her car, driving her to dark locations where he beat her for an hour and 40 minutes, causing her to fear for her life. He had been drinking, taking Dalmane, cocaine and cannabis during the attack. The Court noted the dominance, coercion and abuse of power in the intimate relationship, and that the original sentence was too lenient. The new headline sentence was set at eight years, with a two‑and‑a‑half‑year reduction for mitigating factors, resulting in the final five‑and‑a‑half‑year term. The decision was based on the aggravating nature of the violence and the victim's prolonged trauma. Soufiane Mountassir pleaded guilty.
The Court of Appeal has rejected an appeal against conviction by a Donegal man sentenced to ten years imprisonment for the repeated rape of a teenager. Liam Carr, aged 62, with an address in Ballina, Falcarragh, County Donegal, was convicted following trial at the Central Criminal Court in Sligo in 2021 of 31 counts including sexual assault, anal rape and oral rape of the boy between September 1995 and September 2000. The trial was the fifth proceeding on the same charges, after juries in three earlier trials were discharged for legal reasons and a fourth jury could not reach agreement. Carr argued the multiple trials breached his right to a fair trial and raised concerns about witness evidence and jury directions. Justice Isobel Kennedy rejected these grounds, finding no abuse of process and noting the trial judge had properly directed the jury on the standard of proof and presumption of innocence. The conviction appeal has been dismissed.
A secondary school teacher from Donegal Town has had her conviction upheld by the Court of Appeal following a challenge to her trial proceedings. Jacinta McSherry O'Connor, aged 64, was found guilty in October 2023 at Dublin Circuit Criminal Court of two counts of indecent assault against a male student in 1985. The assaults occurred in the student's home while she was providing grinds; she was 24 at the time and the boy was 13. Ms Justice Isobel Kennedy dismissed McSherry O'Connor's appeal, which contended that the jury should not have heard evidence of disclosures she made about her own alleged sexual assault. The court determined that such evidence was relevant to establishing grooming behaviour. McSherry O'Connor was sentenced to three years on each count concurrently, with the final six months suspended. McSherry O'Connor pleaded not guilty.
Three men convicted of the kidnap and torture of Quinn Industrial Holdings director Kevin Lunney have had their appeal adjourned for three months by the Court of Appeal. Alan Harte (43), Alan O'Brien (43) and Darren Redmond (30), all from East Wall, Dublin, sought to overturn their December 2022 convictions for false imprisonment and intentionally causing harm. Their barristers argued that key DNA evidence from a van destroyed by fire while in garda custody should have been inadmissible, and raised concerns about the admissibility of phone records and CCTV footage obtained in breach of law. The three-day hearing before Mr Justice Patrick McCarthy and colleagues did not conclude as scheduled. The men were originally convicted following the abduction of Mr Lunney from his home in County Fermanagh on September 17, 2019, and his subsequent assault at Drumbrade, Ballinagh, County Cavan. Harte received a 30-year sentence, O'Brien 25 years, and Redmond 18 years with the final three suspended. The appeal will resume on March 11, 2025.
The Court of Appeal has upheld a High Court order halting development at a wind farm in Cashelnavego, County Donegal, finding the project to be unauthorised due to multiple planning deviations. Ms Justice Nuala Butler dismissed an appeal by Planree Limited and Mid Cork Electrical Limited against restraints imposed by Donegal County Council, ruling that the 19-turbine development cannot proceed in its current form. The court found that whilst the companies accepted the existence of twenty-five unauthorised works, the deviations render the entire development unauthorised and cannot be severed from the permitted elements. The judges rejected arguments that the developers should be permitted to complete remaining works pending a substitute consent application to An Bord Pleanála, finding insufficient evidence of insolvency risk or exceptional circumstances warranting relief. The High Court had imposed the development ban following a significant bog slide at the site four years ago, though both parties acknowledged the ground works conformed with permissions granted. The Court of Appeal ordered costs in favour of the council.
The Court of Appeal rejected the appeal of 36‑year‑old Polish national Sebastian Barczuk, who was convicted of murdering his former flatmate Michal Kurek, a homeless man, by stabbing him 62 times in August 2017. Barczuk had argued that mobile phone data used at his trial was unlawfully obtained by Gardaí. Mr Justice Michael MacGrath held that the Gardaí complied with the Communications (Protection of Data) Act 2011 and that the phone data was admissible. He also rejected the claim that the trial judge should have discharged the jury because the phone data was not properly proved, finding no gap in the evidence that would justify such a discharge. The Court therefore dismissed the appeal, leaving Barczuk's conviction and mandatory life sentence in place. The case remains at the Court of Appeal stage. Sebastian Barczuk pleaded not guilty.
The Court of Appeal has increased the prison terms for Adam Murphy and Keith McCormick-Smith, who pleaded guilty to manslaughter and multiple vehicle thefts. The court ruled that their original sentences were unduly lenient. Murphy, who admitted to manslaughter and seven other offences committed in a spree in Dublin on January 23, 2022, had his combined sentence raised from nine and a half years to 12 years. The Court of Appeal found that the sentencing judge erred in principle by fully suspending the two-and-a-half-year consecutive sentence for the theft offences. The court imposed four years for the unauthorised taking counts, consecutive to the manslaughter term, resulting in a total of 12 years after reductions and a six-month suspension. McCormick-Smith, who also pleaded guilty to the same theft charges plus possession of stolen property, saw his sentence more than double from two years and two months to five years. The court determined that the original headline sentence was a substantial departure from the norm. It imposed two consecutive four-year sentences for the thefts, reduced to six years, with the final 12 months suspended. Both men were convicted of leaving a victim, Ian McDonnell, to die after he was thrown from a stolen car during the crime spree.
A man from Galway, whose name is withheld for legal reasons, was convicted on 30 November 2022 of five counts of indecent assault against two sisters‑in‑law and one brother‑in‑law, all of whom were children at the time of the offences. The jury at the Galway Circuit Court found him guilty and Judge Brian O'Callaghan sentenced him to 23 months' imprisonment on 15 June 2023. The defendant appealed to the Court of Appeal, arguing that the verdict was "perverse" because of alleged inconsistencies in the evidence and that the trial judge had erred by refusing to sever the indictment. Ms Justice Tara Burns dismissed the appeal, stating the appellant failed to meet the high threshold for a perverse verdict and that the trial judge had not erred in refusing to separate the cases. The conviction was upheld and the appeal against conviction was dismissed. The unnamed appellant pleaded not guilty.
Anthony Ryan, 49, was found guilty of possessing and distributing child pornography after an FBI tip‑off led to a search of his home and the seizure of 575 items, including 326 images of girls under 12 and 159 videos of sexual activity. He had originally received a fully suspended three‑year sentence, but the Court of Appeal quashed it, citing the seriousness of distribution and the need for deterrence. Ryan was resentenced to 18 months in prison, with a headline four‑year term reduced to two and a half years, the final year suspended. He will begin custody after Christmas, with a post‑release supervision order of two years. The court deferred the warrant to the first week of January, allowing Ryan to finish a course before incarceration. The decision was based on the State's appeal that the original sentence was too lenient.
Three men convicted of the kidnapping and torture of Quinn Industrial Holdings director Kevin Lunney have appealed their convictions at the Court of Appeal. Alan Harte (43), Alan O'Brien (43), and Darren Redmond (30), all from East Wall, Dublin, were sentenced in December 2022 following trial at the Special Criminal Court. Harte received 30 years imprisonment, O'Brien 25 years, and Redmond 18 years with the final three suspended. The men were convicted of false imprisonment and intentionally causing serious harm following an incident at Ballinagh, County Cavan, on 17 September 2019. Their counsel argue that phone records and CCTV evidence were improperly admitted without witnesses taking fresh oaths during trial proceedings. They contend the gardaí obtained phone data through procedures not designed for that purpose, constituting an invasion of privacy. The State's counsel maintains the evidence was properly presented to the trial judges and that no deprivation of fair trial rights occurred. The appeal continues before Mr Justice Patrick McCarthy.
Martin O'Brien, 54, of Gurrane, Tuam, was sentenced to six and a half years in prison for four counts of sexual assault against a teenage babysitter, Áine McHugh, aged 16‑17, between 2012 and 2014. O'Brien had previously pleaded guilty to sexual assault of a 10‑year‑old child when he was 13‑14, a conviction still on appeal. In the current case, McHugh described O'Brien as a "sub‑human, monster" who groomed and repeatedly assaulted her while she cared for his children, giving her alcohol and assaulting her at home and in pubs. The judge noted aggravating factors such as the abuse occurring in O'Brien's home and his position of trust, and imposed a headline sentence of nine and a half years, but ultimately imposed a six‑year term with the final six months suspended on strict conditions, including probation engagement for twelve months.
Peter Sheeran, aged 33, was convicted of robbery after he used a bread‑knife to steal €1,000 from Murphy's Gala store in Kilanerin on 17 June 2023. He left his two‑year‑old and seven‑year‑old children in a car while he carried out the robbery and was apprehended shortly after by passers‑by. Sheeran pleaded guilty at Wexford Circuit Court in December 2023, where Judge Cormac Quinn imposed a five‑year sentence with the final year suspended. In November 2024 he appealed, arguing that the sentence was too harsh because he had no prior convictions, was acting under duress and the offence was not pre‑meditated. The Court of Appeal, hearing the case on 16 December 2024, found that the original judge had erred by setting an eight‑year headline sentence. The appeal was granted, and the Court of Appeal quashed the original sentence.
In a Court of Appeal hearing on 12 December 2024, Ms Justice Tara Burns dismissed the appeal of a 59‑year‑old man convicted in July 2022 of rape, sexual assault, threats to kill, assault causing harm, intimidation of a witness, property damage and trespass. The appellant had threatened to cut his former partner's fingers with secateurs, broken into her home, and claimed he had paid €10,000 to kill her if he went to prison. He argued that the trial judge erred by not fully outlining the defence case and by misdirecting the jury on the victim's demeanour. Justice Burns found the judge's conduct appropriate, noting that the defence evidence was presented in memoranda of interview and that the judge had re‑charged the jury correctly. The appeal was therefore rejected, leaving the original ten‑year sentence intact. The case involved the victim's two adult sons and her subsequent temporary displacement from her home.
The Director of Public Prosecutions has appealed a High Court decision that upheld the Special Criminal Court's declaration that Michael Connolly, from County Louth, was a victim of miscarriage of justice. Mr Connolly had spent fourteen months in custody following conviction on an IRA membership charge in 2017, based on observations of him driving in convoy in December 2014 in Donegal. His conviction was overturned on appeal in 2018, and he was acquitted following retrial in 2019. The Special Criminal Court later found that belief evidence given by a senior garda breached the "double-counting" rule, as it was based partly on material contained in the book of evidence. The DPP contends the miscarriage finding was unsustainable, arguing there remained a proper evidential basis for prosecution. The Court of Appeal reserved judgement on whether the procedural error constituted a grave defect in administration of justice.
Gavin Minto, 29, pleaded guilty to possession of three controlled drugs for sale or supply at Kingswood Cross, Clondalkin, on 16 July 2020. Gardaí searched a residential property, finding 151,110 MDMA tablets, 33.6 kilos of cannabis, 668.6 grams of Eutylone and other drug‑related items, with a combined value of €2.21 million. The court described the garage as a drugs distribution centre and noted Minto's involvement. The original sentence of eight‑and‑a‑half years was quashed by the Court of Appeal, which found the sentencing judge had not given sufficient weight to a psychological report detailing Minto's chronic substance abuse, mental health issues and willingness to address his problems. The appeal judge set a headline sentence of 11 years, then re‑sentenced Minto to seven years in prison, back‑dated to March 2023, after considering mitigating factors such as his homelessness, debt, dyslexia, poor academic record, and attempts at rehabilitation.
Denis Nolan, 71, a former priest, was sentenced to an additional five years for a 1994‑2000 oral rape and 36 sexual assaults of a schoolboy aged 11‑17. He had already been serving 19 years for similar offences against three other victims. The Central Criminal Court had set a headline sentence of eight years for the rape, reduced to five years to run consecutively with his other sentences, and added three years for the assault charges with five years of post‑release supervision. The Court of Appeal quashed the five‑year term and resentenced Nolan to two and a half years imprisonment, bringing his total sentence to 21½ years. The additional term is to commence after the existing 19‑year term, with the offender expected to be released in March 2032. The court described the offending as egregious and highly destructive to the victim's life. Denis Nolan pleaded guilty.
An accountant, Sidney Sutton, has failed in his appeal to halt a retrial related to an alleged knife attack on his wife, described as 'extreme domestic violence' during his original trial in 2017. Sutton was originally convicted of four counts of assault, one of assault causing harm, and one count of producing a knife capable of inflicting serious injury. His conviction was quashed in April 2021, and the Court of Appeal ordered a retrial. Sutton had previously been sentenced to two years with the final 12 months suspended, but the Court of Appeal ruled that sentence was too lenient and ordered him to serve a further 16 months. Sutton appealed a High Court decision that denied his application to prohibit the retrial on grounds of alleged malicious prosecution and abuse of process. At the Court of Appeal, Ms Justice Tara Burns ruled that Sutton had failed to establish an arguable case regarding any of the issues raised. She noted that the High Court judge had addressed Sutton's complaints in detail and found no evidence of withheld crime scene reports or other issues that would justify halting the retrial. Sutton claimed that the State suppressed crucial evidence and that gardai failed in their duty to preserve evidence. However, the Court of Appeal found no support for these allegations. The matter was adjourned, and costs were awarded against Sutton. Sutton expressed his intention to continue fighting and described the judgment as 'horrendous' and 'disgusting', claiming that the State had destroyed his businesses and left him with nothing.
A man convicted of murder in connection with the death of Dundalk woman Irene White in 2005 is pursuing an appeal, arguing he was suffering a mental breakdown when he pleaded guilty. Niall Power, aged 51 and formerly of Riverstown, Co Louth, was sentenced to life imprisonment in July 2019 after admitting to his role in arranging the killing. Anthony Lambe, of Castleblayney, Co Monaghan, received a concurrent life sentence in 2018 for carrying out the fatal attack. At the Court of Appeal on Friday, Power's legal representatives indicated they would seek to have the guilty plea set aside on mental health grounds. Mr Justice John Edwards granted legal aid and directed that the matter be adjourned to January 17th to allow for the filing of formal documentation regarding an Enlargement of Time application, as the appeal window has expired. The court will subsequently address whether the plea should be withdrawn.